40Orders under section 39: offences
(1)Whilst an order under section 39 is in force, a person must not, without the consent of the person in whose favour the order is made, interfere with—
(a)any works carried out on any land under the order, or
(b)anything installed on, under, over or across any land under the order.
(2)A person who contravenes subsection (1) commits an offence.
(3)A person who obstructs any person in the exercise of a power of entry conferred by an order under section 39 commits an offence.
(4)Proceedings for an offence under this section may be instituted—
(a)in England and Wales, only by or with the consent of the Secretary of State or the Director of Public Prosecutions;
(b)in Northern Ireland, only by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland.
(5)For the purposes of this section, a reference to the carrying out of works on land includes a reference to excavating the land or the carrying out of levelling operations on the land.
A reference to interfering with works is to be read accordingly.